Propiedad intelectual Formación en PI Respeto por la PI Divulgación de la PI La PI para... La PI y… La PI en… Información sobre patentes y tecnología Información sobre marcas Información sobre diseños industriales Información sobre las indicaciones geográficas Información sobre las variedades vegetales (UPOV) Leyes, tratados y sentencias de PI Recursos de PI Informes sobre PI Protección por patente Protección de las marcas Protección de diseños industriales Protección de las indicaciones geográficas Protección de las variedades vegetales (UPOV) Solución de controversias en materia de PI Soluciones operativas para las oficinas de PI Pagar por servicios de PI Negociación y toma de decisiones Cooperación para el desarrollo Apoyo a la innovación Colaboraciones público-privadas Herramientas y servicios de IA La Organización Trabajar con la OMPI Rendición de cuentas Patentes Marcas Diseños industriales Indicaciones geográficas Derecho de autor Secretos comerciales Academia de la OMPI Talleres y seminarios Observancia de la PI WIPO ALERT Sensibilizar Día Mundial de la PI Revista de la OMPI Casos prácticos y casos de éxito Novedades sobre la PI Premios de la OMPI Empresas Universidades Pueblos indígenas Judicatura Recursos genéticos, conocimientos tradicionales y expresiones culturales tradicionales Economía Igualdad de género Salud mundial Cambio climático Política de competencia Objetivos de Desarrollo Sostenible Tecnologías de vanguardia Aplicaciones móviles Deportes Turismo PATENTSCOPE Análisis de patentes Clasificación Internacional de Patentes ARDI - Investigación para la innovación ASPI - Información especializada sobre patentes Base Mundial de Datos sobre Marcas Madrid Monitor Base de datos Artículo 6ter Express Clasificación de Niza Clasificación de Viena Base Mundial de Datos sobre Dibujos y Modelos Boletín de Dibujos y Modelos Internacionales Base de datos Hague Express Clasificación de Locarno Base de datos Lisbon Express Base Mundial de Datos sobre Marcas para indicaciones geográficas Base de datos de variedades vegetales PLUTO Base de datos GENIE Tratados administrados por la OMPI WIPO Lex: leyes, tratados y sentencias de PI Normas técnicas de la OMPI Estadísticas de PI WIPO Pearl (terminología) Publicaciones de la OMPI Perfiles nacionales sobre PI Centro de Conocimiento de la OMPI Informes de la OMPI sobre tendencias tecnológicas Índice Mundial de Innovación Informe mundial sobre la propiedad intelectual PCT - El sistema internacional de patentes ePCT Budapest - El Sistema internacional de depósito de microorganismos Madrid - El sistema internacional de marcas eMadrid Artículo 6ter (escudos de armas, banderas, emblemas de Estado) La Haya - Sistema internacional de diseños eHague Lisboa - Sistema internacional de indicaciones geográficas eLisbon UPOV PRISMA UPOV e-PVP Administration UPOV e-PVP DUS Exchange Mediación Arbitraje Determinación de expertos Disputas sobre nombres de dominio Acceso centralizado a la búsqueda y el examen (CASE) Servicio de acceso digital (DAS) WIPO Pay Cuenta corriente en la OMPI Asambleas de la OMPI Comités permanentes Calendario de reuniones WIPO Webcast Documentos oficiales de la OMPI Agenda para el Desarrollo Asistencia técnica Instituciones de formación en PI Apoyo para COVID-19 Estrategias nacionales de PI Asesoramiento sobre políticas y legislación Centro de cooperación Centros de apoyo a la tecnología y la innovación (CATI) Transferencia de tecnología Programa de Asistencia a los Inventores (PAI) WIPO GREEN PAT-INFORMED de la OMPI Consorcio de Libros Accesibles Consorcio de la OMPI para los Creadores WIPO Translate Conversión de voz a texto Asistente de clasificación Estados miembros Observadores Director general Actividades por unidad Oficinas en el exterior Ofertas de empleo Adquisiciones Resultados y presupuesto Información financiera Supervisión
Arabic English Spanish French Russian Chinese
Leyes Tratados Sentencias Consultar por jurisdicción

Mónaco

MC003

Atrás

Constitution of the Principality of December 17, 1962 (as amended by Law No. 1.249 of April 2, 2002)

 Constitution of the Principality of December 17, 1962 (as amended by Law No. 1.249 of April 2, 2002)

CONSTITUTION OF THE PRINCIPALITY DECEMBER 17TH 1962

(as amended by Law n° Section 1.249 dated April 2nd 2002)

Considering that the institutions of the Principality need to be improved, not only to meet the requirements of a Country’s good governance but also to satisfy the new needs emerged from the population's social evolution.

We have decided to endow the State with a new Constitution, which, under Our Sovereign Will, shall henceforth be considered as the State’s basic law and shall not be subject to amendment but with the wording that We have settled.

CHAPTER I

THE PRINCIPALITY - PUBLIC POWERS

Art.1.- The Principality of Monaco is a sovereign and independent State within the framework of the general principles of international law and the particular conventions with France. The territory of the Principality is unalienable.

Art.2.- The principle of government is a hereditary and constitutional monarchy. The Principality is a State under the rule of law, committed to fundamental freedoms and rights.

Art.3.- The executive power is exercised by the highest authority of the Prince. The Prince’s persona is inviolable.

Art.4.- The legislative power is jointly exercised by the Prince and the National Council.

Art.5.- The judiciary power is exercised by the courts and tribunals.

Art.6.- The separation of the administrative, legislative and judiciary functions is guaranteed.

Art.7.- The Prince's Standard consists of the coat or arms of the House of Grimaldi upon a white ground. The National Flag consists of two equal stripes, red and white, arranged horizontally, the red in the upper part, the white in the lower part. The use of these so-called flags is still provided for by the provisions of the sovereign ordinance dated April 4th 1881.

Art.8.- The French language shall be the official language of the State.

Art.9.- The Catholic, Apostolic and Roman religion is the religion of the State.

1

CHAPTER II

THE PRINCE, THE DEMISE OF THE CROWN

Art.10. (amended by Law n°1.249 dated April 2nd 2002) - The succession to the Throne, opened by death or abdication, takes place by the direct and legitimate issue of the reigning prince, by order of primogeniture with priority given to males within the same degree of kinship.

In the absence of direct legitimate issue, the succession passes to the brothers and sisters of the reigning prince and their direct legitimate descendants, by order of primogeniture with priority given to males within the same degree of kinship.

If the heir, who would have acceded by virtue of the preceding paragraphs, is deceased or renounced the Throne before the succession became open, the succession passes to His own direct legitimate descendants, by order of primogeniture with priority given to males within the same degree of kinship.

If the application of the preceding paragraphs does not fill the vacancy of the Throne, the succession passes to a collateral heir appointed by the Crown Council upon same advice of the Regency Council. The powers of the prince are temporarily held by the Regency Council.

The Throne can only pass to a person holding Monegasque citizenship on the day the succession opens.

The procedures of application of this article are set, as needed, by the House Laws of the Sovereign Family, promulgated by Sovereign ordinance.

Art.11. (amended by Law n°1.249 dated April 2nd 2002) – The Prince can exercise His sovereign powers if He has reached His adulthood, fixed at the age of eighteen.

During the Prince’s adolescence or in case the Prince is unable to exercise His functions, the organisation and conditions of exercise of the Regency are provided for by the House Laws of the Sovereign Family.

Art.12.- The Prince exercises His sovereign authority in full compliance with the provisions of the Constitution and laws.

Art.13.- The Prince represents the Principality in its relations with foreign Powers.

Art.14. (amended by Law n°1.249 dated April 2nd 2002) – After consulting the Crown Council, the Prince signs and ratifies treaties and international conventions. He acquaints the National Council through the Minister of State with them before their ratification.

However, the following treaties must be ratified in pursuance of a law :

1° - Treaties and international agreements affecting the organisation of the Constitution ;

2

2° - Treaties and international agreements the ratification of which entails the modification of the existing legal provisions;

3° - Treaties and international agreements which entail the Principality’s adhesion to an international organisation and the functioning of which implies the participation of the National Council’s members;

4° - Treaties and international organisations the implementation of which results in a budget expenditure pertinent to expenditure type or use, which is not provided by the budget act.

The Principality’s external policy is accounted for in an annual report prepared by the Government and notified to the National Council.

Art.15.- After consulting the Crown Council, the Prince exercises the right to pardon and amnesty, as well as the right of naturalization and restoration of nationality.

Art.16.- The Prince confers orders, titles and other distinctions.

CHAPTER III

FUNDAMENTAL FREEDOMS AND RIGHTS

Art.17.- All Monegasques are equal before the law. There is no privilege among them.

Art.18. (amended by Law n°1.249 dated April 2nd 2002) – The circumstances in which Monegasque nationality may be acquired are laid down by law. The circumstances in which a person who has acquired Monegasque nationality by naturalization may be deprived of it are laid down in the law.

Loss of Monegasque nationality in any other circumstance may occur only, as prescribed by law, further to the intentional acquisition of another nationality or of service unlawfully carried out in a foreign army.

Art.19.- Individual freedom and security are guaranteed. No one may be prosecuted except in cases provided for by law, before legally appointed judges and in the manner prescribed by law. Apart from cases of flagrant offence, an arrest may be carried out only pursuant to the well-founded order of the judge, which must be notified at the arrest or at the latest within twenty-four hours. Any detention must be preceded by an examination.

Art.20.- No penalty may be introduced or applied except by law. Criminal law must ensure respect for individual personality and dignity. No one may be subjected to cruel, inhuman or degrading treatment. Death penalty is abolished. Criminal law cannot have any retroactive effect.

3

-

Art.21.- The domicile is inviolable. No entry and search in the domicile can take place except in cases and in the manner prescribed by law.

Art.22.- Every individual has the right for respect of private and family life and confidentiality of correspondence.

Art.23.- Freedom of religion and of public worship, and freedom to express one’s opinions in all matters, shall be guaranteed, subject to the right to prosecute any offences committed in the exercise of the said freedoms. No one may be compelled to participate in the rites or ceremonies of any religion or to observe its days of rest.

Art.24.- Property is inviolable. No one may be deprived of property except for public benefit as established by law, and upon a fair, settled and paid compensation in the circumstances and manner specified by law.

Art.25.- Freedom of work is guaranteed. Its practice is determined by law. Priority is granted to Monegasques for the obtainment of public and private positions, in the circumstances prescribed by law or international conventions.

Art.26.- Monegasques are entitled to the assistance of the State in the event of destitution, unemployment, sickness, handicap, old age and maternity in the circumstances and manner laid down by law.

Art.27.- Monegasques are entitled to free primary and secondary education.

Art.28.- Every person may defend the rights and interests of his/her occupation and function through a trade-union action. The right to strike is recognized, subject to regulation of law.

Art.29.- Monegasques have the right to assemble peacefully and without arms, in accordance with the laws that may regulate the exercise of this right without subjecting it to prior authorization. This freedom does not extend to open-air meetings, which remain subject to police laws.

Art.30 (amended by Law n°1.249 dated April 2nd 2002) – Freedom of association is guaranteed, subject to regulation of law.

Art.31.- Anyone may address petitions to the public authorities.

Art.32.- Foreigners enjoy all public and private rights in the Principality that are formally reserved to nationals.

4

CHAPTER IV

PUBLIC DOMAIN, PUBLIC FINANCE

Art.33.- Public domain is unalienable and imprescriptible. A public domain property may be closed down or change purpose only if pronounced by law. Law may allocate decommissioned property to the State or Commune’s public domain, as the case may be. Public domain’s consistency and regime are determined by law.

Art.34.- The Crown’s property is submitted to the Sovereignty’s exercise. It is unalienable and imprescriptible. Its consistency and regime are determined by the Sovereign Family’s House Laws. Art.35. (amended by Law n°1.249 dated April 2nd 2002) –Real estate property and rights pertinent to private State held property are transferable only in accordance with the law. The law gives authorisation to sell a part of the business capital of which at least fifty per cent is held by the State, thereby transferring the majority of this capital to one or more physical person or private-law legal persons.

Art.36.- All vacant and ownerless property belongs to the private State domain.

Art.37.- The national budget comprises all public revenue and public expenditure of the Principality.

Art.38.- The national budget expresses the Principality’s economic and financial policy.

Art.39.- Budget is subject to a budget bill. It is voted and promulgated in the form of a law.

Art.40.- The Sovereign Household’s expenses and those of the Prince Palace are determined by budget law and withdrawn in priority from the budget’s general public revenue.

Art.41.- The revenue surplus over expenditure, established after budget implementation and year end closing of accounts, is credited to a constitutional reserve fund. The excess of expenditure over revenue provides cover withdrawing from the same account, after enactment of the relevant law.

Art.42.- Control of financial management is ensured by a Higher Audit Commission.

CHAPTER V

THE GOVERNMENT

Art.43.- Government is exercised, under the gracious authority of the Prince, by a Minister of State, assisted by a Council of Government.

5

Art.44.- The Minister of State represents the Prince. He oversees the executive services. He has the police force at his command. He chairs the Government Council with a casting vote.

Art.45.- Sovereign ordinances are debated in the Government Council. They are presented to the Prince with the Minister of State’s signature; they mention the relevant proceedings. They are signed by the Prince; the Prince's signature makes them enforceable.

Art.46. (amended by Law n°1.249 dated April 2nd 2002) –Sovereign Ordinances, which are excluded from debate in the Government Council and presentation to the Minister of State, pertain to the:

- Sovereign Family’s House Laws and these of its members; - affairs of the Direction of the Judicial Department; - appointment of members of the Sovereign Household, the diplomatic and consular corps, the

Minister of State, the Government Councillors and assimilated civil servants, magistrates in the judiciary;

- issue of exequatur to consuls; - dissolution of the National Council; - granting of honour titles.

Art.47.- Ministerial decrees are debated during the Government Council and signed by the Minister of State; they mention the relevant proceedings. They are notified to the Prince within twenty-four hours after signature and become enforceable only in the absence of the Prince’s formal opposition within ten days after the Minister of State’s notification. However, the Prince may let the Minister of State know He does not intend on exercising His right of opposition for some decrees or types of decrees. These are thereby enforceable as soon as they are signed by the Minister of State.

Art.48.- Unless law provides otherwise, distribution of subject matters between sovereign ordinances and ministerial decrees is determined by sovereign ordinance.

Art.49.- Government Council’s proceedings are subject to minutes put on record in a special register and signed, after the vote, by the present members. The minutes mention each member’s vote. Within five days after the meeting, they are notified to the Prince who can lodge an opposition under the conditions provided by the above article 47.

Art.50.- The Minister of State and Government Councillors are accountable to the Prince for the Principality’s administration.

Art.51.- Civil servants’ obligations, rights and fundamental guarantees, as well as their civil liability and penal responsibility are laid down by law.

6

CHAPTER VI

THE COUNCIL OF STATE

Art.52.- The Council of State is in charge of advising on draft legislation and ordinances, which the Prince submitted for their perusal. It can also be consulted on any other draft instrument. Its organisation and operations are prescribed by sovereign ordinance.

CHAPTER VII

THE NATIONAL COUNCIL

Art.53. (amended by Law n°1.249 dated April 2nd 2002) – The National Council comprises twenty- four members, elected for five years by direct universal suffrage and by list vote under the conditions prescribed by law.

In accordance with the conditions determined by law, electors are Monegasque citizens of either gender, at least eighteen years old, with the exception of those deprived of the right to vote for any of the causes set forth by law.

Art.54. (amended by Law n°1.249 dated April 2nd 2002) – All Monegasque electors of either gender, aged at least twenty-five, who have held the Monegasque nationality for at least five years, and who are not deprived of the right to stand for election for any of the causes set forth by law, are eligible. Law determines which offices are incompatible with the National Councillor’s mandate.

Art.55.- Courts of justice are entrusted with the control of the elections’ legitimacy, under the conditions prescribed by law.

Art.56.- The National Council’s members are not liable to any civil or penal responsibility on the grounds of opinions or votes they express during the exercise of their mandates. Without the Council’s authorisation, they may neither be prosecuted nor arrested during a session due to a criminal or police infringement, save in the case of flagrant offence.

Art.57.- The newly elected National Council meets on the eleventh day after elections in order to elect its board. The oldest National Councillor chairs this session. Without prejudice of article 74, the prior National Council’s powers expire on the day of the new National Council’s meeting.

Art.58 (amended by Law n°1.249 dated April 2nd 2002) – The National Council meets ipso jure in two annual ordinary sessions.

7

The first session opens on the first working day of April. The second session opens on the first working day of October. Each session may not last longer than three months. The session’s closure is declared by the Chairperson.

Art.59.- The National Council meets in extraordinary session, convened either by the Prince, or, on the request of at least two thirds of the members, by the Chairperson.

Art.60.- The National Council’s board comprises a chairperson and a co-chairperson, who are elected each year by the assembly from among its members. A mayor’s office is incompatible with that of the National Council’s chairperson and co-chairperson.

Art.61.- Without prejudice to the provisions of the Constitution and if need be, the law, the organisation and operations of the National Council are determined by the rule of procedure which the Council issued. Before being enforced, these rules of procedure must be submitted to the Supreme Court, which decides on its compliance with the Constitution and, if need be, with law.

Art.62.- The National Council sets its agenda. It is notified to the Minister of State at least three days beforehand. On the request of the Government, at least one of the two sessions must be devoted to debating the bills introduced by the Prince. However, the agenda of extraordinary sessions convened by the Prince is set in the convocation

Art.63.- National council’s meetings are public. However, the Council may decide, with a majority of two thirds of the attending members, to sit in private session. The minutes of the public meetings are published in “Le Journal de Monaco”.

Art.64.- The Prince communicates with the National Council through messages read by the Minister of State.

Art.65.- The Minister of State and Government Councillors have reserved entrances and seats at the National Council’s meetings. They must have the floor when they request so.

Art.66.- The instigation of law implies the agreement of wills of both the Prince and the National Council. The Prince alone may initiate law. Deliberating and voting on bills are the National Council’s responsibility. It falls to the Prince to sanction laws, which confers them a binding power through promulgation.

Art.67.(amended by Law n°1.249 dated April 2nd 2002) – The Prince signs bills. These bills are introduced to Him via the Government Council and with the Minister of State’s signature. After the Prince’s endorsement, the Minister of State introduces them to the National Council.

8

The National Council can formulate bill proposals. Within a period of six months starting from the date the Minister of State received the draft legislation, he notifies the following to the National Council:

a) – either his decision to turn the bill into a proposal, eventually amended into a bill which shall follow the procedure provided for in paragraph 1. In this case, the bill is introduced within a period of one year starting from the expiration of six months;

b) – or his decision to interrupt the legislative procedure. This decision is explained with a declaration placed on the agenda of an ordinary session public meeting anticipated within the period. This declaration can be followed by a debate.

After expiration of six months, if the Government has not notified the outcome intended for this bill proposal, the latter, according to the procedure prescribed by paragraph 1, becomes ipso jure, a bill.

The same procedure is applicable if the Government did not introduce the bill within a one year period provided for in paragraph 2, a).

The National Council has the right of amendment. As such, it can propose inclusions, substitutions or withdrawals in the bill. Amendments alone that have a direct link with the bill provisions relevant to the bill are admitted. The vote takes place on the eventually amended bill, unless the Government withdraws the bill before the final vote, as entitled to.

However, provisions of the precedent paragraph are not applicable for ratification bills or budget bills.

At the beginning of each ordinary session, in public meeting, the National Council announces the update of all bills introduced by the Government, whenever they were introduced.

Art.68.- The Prince issues, when necessary, ordinances to ensure the enforcement of laws and the implementation of international treaties or conventions.

Art.69.- Laws and sovereign ordinances are enforceable against third parties only from the day after their publication in the “Journal de Monaco”.

Art.70. (amended by Law n°1.249 dated April 2nd 2002) – The National Council votes on the budget. No direct or indirect taxation may be introduced but through a law. Any treaty or international agreement entailing such taxation may only be ratified by a law.

Art.71. (amended by Law n°1.249 dated April 2nd 2002) – Budget bill is introduced to the National Council before September 30th. Budget bill is voted upon during the National Council October session.

Art.72.- Budget is voted upon chapter by chapter. Transfers from one chapter to another are forbidden, unless authorised by law.

9

The Budget comprises among others, within expenditure items, sums made available to the Town council for the budgetary year to come, as provided for in article 87.

Art.73.- In case the appropriation of funds requested by the Government as provided for in article 71 has not taken place before December 31st, funds relevant to services voted upon may be opened by sovereign ordinance, with the National Council’s agreement. The same prevails for income and expenses resulting from international treaties.

Art.74.- The Prince may, after having taken the advice of the Council of the Crown, pronounce the dissolution of the National Council. If this occurs, new elections take place within a period of three months.

CHAPTER VIII

THE CROWN COUNCIL

Art.75.- The Crown Council consists of seven members of Monegasque nationality, appointed by the Prince for a period of three years. The Chairperson and three other members are directly appointed by the Prince. Three members are appointed at the suggestion of the National Council, chosen from outside its members. The offices of Minister of State and Government Councillor are incompatible with those of chairperson or member of the Crown Council.

Art.76.- The Crown Council meets at least twice a year further to the Prince’s summons. In addition, the Prince may call a meeting anytime He deems it necessary, either on his own initiative, or further to the suggestion of the Crown Council’s chairperson.

Art.77.- The Council may be consulted by the Prince on issues regarding the State’s higher interests. It may offer suggestions to the Prince. It must be consulted on the following subjects: international treaties, dissolution of the National Council, requests for naturalisation and restoration of the Monegasque nationality, pardons and amnesties.

CHAPTER IX

THE COMMUNE

Art.78.- The territory of the Principality forms a single commune.

Art.79. (amended by Law n°1.249 dated April 2nd 2002) – The Commune is administered by a municipality composed of the mayor and deputies designated by the Communal Council from amongst its members.

10

In accordance with the conditions determined by law, electors are Monegasque citizens of either gender, at least eighteen years of age, with the exception of those deprived of the right to vote for any of the causes set forth by law.

All Monegasque electors of either gender, at least twenty-one of age, who have held the Monegasque nationality for at least five years, and who are not deprived of the right to stand for election for any of the causes set forth by law, are eligible.

Art.80.- The Communal Council is composed of 15 members elected for a term of four years by universal direct suffrage by the list system. There is no incompatibility between the Communal Councillor’s mandate and that of the National Councillor.

Art.81.- The Communal Council meets every three months in ordinary session. Each session may not last longer than fifteen days.

Art.82.- Extraordinary sessions may be held, on the request or with the authorisation of the Minister of State, for specific purposes.

Art.83.- The Communal Council may be dissolved by a well-founded ministerial decree, after the State Council’s opinion is sought.

Art.84.- In case of dissolution or resignation of all the members of the Communal Council, a special delegation is appointed by ministerial decree to carry out its duties until a new Council is elected. This election shall take place within three months.

Art.85.- The Communal Council is chaired by the mayor or, in his/her absence, by the deputy of the councillor who replaces him/her, following the order of the chart.

Art.86.- The Communal Council debates in public meeting on the Commune’s affairs. Its proceedings are enforceable fifteen days after notification to the Minister of State, unless a well- founded opposition under the form of a ministerial decree is initiated.

Art.87. (amended by Law n°1.249 dated April 2nd 2002) – The communal budget is supplied with revenue produced from communal property, the commune’s ordinary resources and appropriations prescribed by the initial budget law of the year.

CHAPTER X

THE JUSTICE

Art.88.- Judicial power vests in the Prince, who, by the present Constitution, delegates its full exercise to the courts and tribunals. Tribunals render justice in the name of the Prince. The independence of judges is guaranteed.

11

The organisation, jurisdiction and operations of the tribunals, as well as judges’ status, are laid down by law.

Art.89.- The Supreme Court is composed of five full members and two substitute members. The Supreme Court’s members are appointed by the Prince, as follows:

- one full member and one substitute member are introduced by the National Council from outside its members;

- one full member and one substitute member are introduced by the State Council from outside its members;

- one full member is introduced by the Crown Council from outside its members; - one full member is introduced by the Court of Appeal from outside its members; - one full member introduced by the Civil Court of First Instance from outside its members.

These introductions are done by each of these bodies here above mentioned at the rate of two per seat. If the Prince does not agree with these introductions, He is free to require new ones. The President of the Supreme Court is appointed by the Prince.

Art.90.- A.- In constitutional matters, the Supreme Court rules in sovereign fashion over:

1°) compliance of the National Council’s rules of procedure with constitutional and, if need be, legislative provisions under the conditions prescribed by article 61; 2°) appeals on petitions for annulment, petitions to review validity and actions for damages arising from violations of these rights and freedoms prescribed in chapter III of the Constitution, and which are not referred to in subsection B of the present article.

B.- In administrative matters, the Supreme Court rules in sovereign fashion over:

(a) proceedings for annulment of ultra vires decisions taken by various administrative authorities or Sovereign Ordinances to enforce laws, and the award of related damages; (b) appeals by way of quashing decisions of last resort taken by administrative jurisdictions; (c) appeals for interpretation and petitions to review the validity of decisions of various administrative authorities or Sovereign Ordinances to enforce laws.

C.- The Supreme Court rules over conflicts of jurisdiction.

Art.91.- The Supreme Court deliberates either in plenary session composed of five members, or in administrative section composed of three members.

It sits and deliberates in plenary session:

1°) in constitutional matters;

2°) as judge of conflicts of jurisdiction;

12

3°) in administrative matters on references ordered by the President of the Supreme Court, or decided by the administrative section.

It sits and deliberates in administrative section in all cases.

Art.92.- A sovereign order regulates the organisation and operations of the Supreme Court, especially relevant to the required qualifications of its members, incompatibilities regarding them as well as their status, the members’ turnover of the administrative section, the procedure to follow before the Court, effects of petitions and awards, procedure and effects of conflicts of jurisdiction, as well as necessary transitional measures.

CHAPTER XI

THE REVISION OF THE CONSTITUTION

Art.93.- The Constitution may not be suspended.

Art.94.- Any revision, in full or in part, requires the joint agreement of the Prince and the National Council.

Art.95.- In case of initiative on the part of the National Council, proceedings may be taken into account only by a two thirds majority vote of the normal number of members elected at the assembly.

CHAPTER XII

FINAL PROVISIONS

Art.96.- Prior constitutional provisions are repealed. The present Constitution immediately enters into force. The renewal of the National Council and Communal Council shall take place within three months.

Art.97.- Laws and regulations currently into force remain applicable to the extent that they are not incompatible with the present Constitution. If need be, they must be amended in order to comply, as soon as possible, with the latter.

13

TREATY

AIMING AT ADAPTING AND CONFIRMING

FRIENDSHIP AND COOPERATION RELATIONS BETWEEN

THE PRINCIPALITY OF MONACO

AND

THE FRENCH REPUBLIC

The Principality of Monaco and the French Republic,

Wishing to confirm by an act of mutual trust the close and privileged relations reflective of their traditional friendship, such as they result from History and such as they befit their common destiny,

Considering that these relations, governed by the Treaty of July 17, 1918, require a legal framework better suited to the present reality,

Basing themselves on the principles of international law and the Charter of the United Nations, and sharing furthermore the same values of Peace, Democracy, Justice and Solidarity,

have agreed on the following:

Article One

The French Republic ensures the defence of the Principality of Monaco's independence and sovereignty, and guarantees the integrity of the Monegasque territory under the same conditions as that of its own.

The Principality of Monaco undertakes to exercise its sovereignty in accordance with the fundamental interests of the French Republic in the political, economic, security and defence spheres. An appropriate and regular concertation will see to it as needed.

Article 2

The Principality of Monaco ensures through appropriate and regular consultations that its international relations are conducted in convergence with those of the French Republic on

14

fundamental matters. The French Republic consults with the Principality of Monaco to take into account its fundamental interests.

Article 3

In case of death or abdication of the reigning Prince, His succession takes place as provided for by the provisions of the Constitution of the Principality of Monaco dated December 17th, 1962, amended by Law n°1.249 dated April 2nd, 2002 revising the Constitution.

Anything modifying the order of succession provided for in the Constitution is notified to the French Republic.

The territory of the Principality of Monaco is unalienable.

Article 4

The French Republic may, upon request or with the assent of the Prince, introduce and station the forces necessary for the security of both States in the territory of the Principality of Monaco.

However, this request or assent is not required when the independence, sovereignty or integrity of the territory of the Principality of Monaco are under serious and imminent threat, and when the normal activities of public institutions are interrupted.

Article 5

Diplomatic relationships between the Principality of Monaco and the French Republic take place at the diplomatic level. For this purpose, each State maintains a representation on the territory of the other.

Upon the request of the Principality of Monaco, the French Republic facilitates the latter's entry into the international organisations of which it is a member.

In the States where the Principality of Monaco does not have consular representation, and subject to the rules of international law governing diplomatic and consular relations, Monegasque nationals, when needed, can contact a diplomatic or consular post of the French Republic or representing it.

Article 6

The Principality of Monaco and the French Republic sign particular conventions on matters of common interest.

Conventions in force at the date of the present treaty remain so.

15

Article 7

The Principality of Monaco and the French Republic undertake to consult regularly on situations of common interest.

The Commission for French-Monegasque cooperation is the venue for these consultations, as are commissions created by ad hoc conventions.

Article 8

The Principality of Monaco and the French Republic notify each other of the completion of the constitutional procedures required by the entry into force of the present treaty, which takes place the first day of the month following the reception of the second of such notifications.

The present treaty may be modified by common consent of the parties. Modifications come into force according to the same procedures mentioned in the precedent paragraph.

Done at Paris, on October 24th, 2002, in duplicate.

For His Serene Highness For the French Republic, The Prince of Monaco

Patrick LECLERCQ Dominique de VILLEPIN Minister of State Minister of Foreign Affairs

16